Bargaining at Work (LAWS70135)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
Contact information
October
Lecturer
Nadia Stojanova (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
| Availability(Quotas apply) | October |
|---|---|
| Fees | Look up fees |
This subject investigates the legal regulation of workplace bargaining in Australia. With the requirement that bargaining be conducted in ‘good faith’ under the Fair Work Act 2009 (Cth), this has become one of the most contested areas of federal labour regulation. The subject is informed by the historical, political and economic factors that have shaped the development of the law, as well as relevant international legal principles. While the focus of the subject is on the system regulating workplace bargaining under the Fair Work Act, other relevant areas of law are analysed, including the common law regulation of strikes and industrial action and the contract of employment. The role of competition law on the nature of collective bargaining for independent contractors is also examined.
Principal topics include:
- The historical development of the law relating to workplace bargaining
- Relevant international legal principles and Australia’s obligations in this respect
- Common law regulation of strikes and industrial action
- The system regulating workplace bargaining under the Fair Work Act 2009 (Cth), including the conduct of bargaining and the taking of protected industrial action, and the role of trade unions
- The form, function and content of registered workplace agreements
- The relationship of workplace agreements to other means of regulating working conditions, including the contract of employment
- The ‘general protections’ under the Fair Work Act for freedom of association and the exercise of ‘workplace rights’ in relation to bargaining
- Collective bargaining and the self-employed – the impact of competition law.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the legal principles of Australian employment and labour relations law promoting the setting of working conditions through both collective and individual negotiations at the workplace, including recent developments in this field of law and practice
- Be able to critically examine, analyse, interpret and assess the effectiveness of these legal rules
- Be an engaged participant in debate regarding emerging and contemporary issues in the field, such as the role of trade unions and developments in the regulation of collective bargaining for the self-employed
- Have a sophisticated appreciation of the factors and processes driving parliamentary revision of the relevant legal frameworks
- Have an advanced understanding of situations in which issues of bargaining may arise in work relationships and management practices
- Have a detailed understanding of the relevant legal frameworks in an international context
- Have the cognitive and technical skills to generate critical and creative ideas relating to workplace bargaining, and to critically evaluate existing legal theories, principles and concepts with creativity and autonomy
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to workplace bargaining
- Have the communication skills to clearly articulate and convey complex information regarding the legal regulation of bargaining at work to relevant specialist and non-specialist audiences
- Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of bargaining at work.
Last updated: 8 November 2024
Eligibility and requirements
Prerequisites
Corequisites
Non-allowed subjects
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 8 November 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Class participation | Throughout the teaching period | 20% |
Option 1 - Take-home examination (hypothetical problem)
| 29 November - 2 December 2024 | 80% |
Option 2 - Research paper on a topic approved by the subject coordinator
| 4 December 2024 | 80% |
| Hurdle requirement: A minimum of 75% attendance is required. | Throughout the teaching period | N/A |
Last updated: 8 November 2024
Quotas apply to this subject
Dates & times
- October
Principal coordinator Nadia Stojanova Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 4 September 2024 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 2 October 2024 to 8 October 2024 Last self-enrol date 9 September 2024 Census date 3 October 2024 Last date to withdraw without fail 8 November 2024 Assessment period ends 4 December 2024 October contact information
Lecturer
Nadia Stojanova (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 8 November 2024
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-masters@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
Last updated: 8 November 2024